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B-206902 1 (1982-06-01)

handle is hein.gao/gaobadkio0001 and id is 1 raw text is: 

DE    iSION   ?   .:,r ,THU COMZTfnCLt.R AwNm.At/9//
IEC I ION          ,     4.3P TM   UNITMO     STATLIS    I/
                 . ,     WADHINCTUG N     gC, 2at;I0048

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FILE;                          DATEI June 1, 1982
       B-206902
MATTIIFI OF;
              Request for Advance Decision from Army
                Ff.Inance and Accounting Officer
DIQES1';


I  Where assiglnment was properly executed and
     notice given in accordance with statutory
     requirements, the assignee is entitled to
     payment, Obligor (United States in this
     case) who had notice of valid assignment
     vnd, nevertheless, paid assignor is liable
     to the assignee for amount of erroneous
     payment9

 2. Whil'., asaignee is entitled to an ainciunt
     equal to the amount assigned under foe con-
     tract, but erroneously paid to the assignor,
     assignee is not entitled to accrued interest
     since payment of interest by Government of
     the Unitid States on its unpaid accounts or
     claims may not be made excbpt where interest
     is rtipulated by contract or is provided by
     laws of United States.

 3.  Finance and Accounting officer who, pu~rsuant
     to a voucher from another command, made errone-
     ous payment to contractor may be relieved of
     financial responsibility because loss did not
     occur as result of bad faith or lack of due
     care on officer's part.

     The Finance and Accounting Officer, United
 States Army Military District of Washington, Finance
 and Accounting Office (MDW FAO), Washington, D.C.,
 requests an advance declsion in connection with an
 erroneous payment of contract funds to a contractor,
 Penn Construction Co., Inc. (Penn), which had assigned
 these funds to the Elkridge National Bank (Elkridge)
 pursuant to the Assignment of Claims Act of 1940, as
 amended, 31 U.S.C. § 203, 41 U.S.C. § 15 (1976).


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